United States v. Jones

313 F. Supp. 3d 167
CourtCourt of Appeals for the D.C. Circuit
DecidedJune 12, 2018
DocketCriminal No. 11–253–06 (CKK) SEALED
StatusPublished
Cited by1 cases

This text of 313 F. Supp. 3d 167 (United States v. Jones) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Jones, 313 F. Supp. 3d 167 (D.C. Cir. 2018).

Opinion

COLLEEN KOLLAR-KOTELLY, United States District Judge

Defendant Aaron Patrick Jones is presently serving a sentence of 120 months *169imprisonment, followed by 60 months of supervised release, after having pled guilty to one count of Conspiracy to Distribute and Possess With Intent to Distribute 5 Kilograms or More of Cocaine and 280 Grams or More of Cocaine Base, in violation of 21 U.S.C. §§ 846, 841(a)(1), (b)(l)(A)(ii) and (iii). See May 31, 2012 Judgment, ECF No. 139. Proceeding pro se , Mr. Jones has filed a motion pursuant to 18 U.S.C. § 3582(c)(2), requesting that this Court reduce his term of imprisonment. See Defendant's Motion for Reduction of Sentence, ECF No. 217 (docketed as "Retroactivity Prep Documents").1 For the reasons stated herein, Defendant's motion is DENIED.

Defendant's Motion relies upon the application of United States Sentencing Guidelines ("Guidelines") Amendment 782, which lowered the base offense levels for most drug offenses, and Amendment 788, which allowed the retroactive application of Amendment 782. In determining whether a sentence reduction is warranted under 18 U.S.C. § 3582, this Court analyzes Defendant's Motion under a two-step inquiry, as set forth in Dillon v. United States , 560 U.S. 817, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010). Accordingly, the Court must first determine whether Mr. Jones is eligible for a sentence reduction under § 3582(c)(2), and if so, to what extent, and second, whether or not a reduction is warranted in consideration of the factors set out in 18 U.S.C. § 3553(a).

The Court begins by considering whether Defendant is eligible for a sentence reduction under 18 U.S.C. § 3582(c)(2). Pursuant to § 3582(c)(2), courts may reduce a term of imprisonment "in the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has been subsequently lowered by the Sentencing Commission." 18 U.S.C. § 3582(c)(2). But where the application of a retroactive amendment to the Guidelines does not result in a different Guidelines sentencing range for the defendant, that defendant is not entitled to a reduction in his sentence. See United States v. Berry , 618 F.3d 13, 17 (D.C. Cir. 2010) ("Section 1B1.10(a)(2)(B) of the Guidelines prohibits sentence modifications under § 3582(c)(2) if a retroactive Guideline amendment 'does not have the effect of lowering the defendant's applicable guideline range.' ") (quoting U.S.S.G. § 1B1.10(a)(2)(B) ). Finally, the Court shall not reduce the defendant's term of imprisonment under 18 U.S.C. § 3582(c)(2) to a term that is less than the minimum of the amended Guidelines range, unless Defendant contributed substantial assistance to authorities. U.S.S.G. § 1B1.10(b)(2)(A).

Accordingly, a defendant is eligible for a reduction under § 3582(c) if and only if (1) the defendant's term of imprisonment was based on a sentencing range that has subsequently been lowered by a retroactive amendment to the Guidelines, (2) the retroactive amendment to the Guidelines has the effect of lowering the defendant's applicable guideline range, and (3) the reduction does not result in a sentence that is less than the minimum of the amended guideline range, unless the defendant contributed substantial assistance to authorities. See U.S.S.G. § 1B1.10 ; Berry , 618 F.3d at 17.

The Court begins its analysis of whether Defendant is eligible for a sentence reduction under § 3582(c) by looking to whether his prison sentence was "based on" a Guidelines range that has subsequently *170been lowered.2 "For a sentence to be 'based on' a [ ] Guidelines range, the range must have at least played 'a relevant part [in] the framework the [sentencing] judge used' in imposing the sentence." Koons v. U.S. , No. 17-5716, --- U.S. ----, 138 S.Ct. 1783, ----, --- L.Ed.2d ----, 2018 WL 2465190, at *5 (U.S. Jun. 4, 2018) (quoting Hughes v. U.S. , No. 17-155, --- U.S. ----, 138 S.Ct. 1765, 1778-79, --- L.Ed.2d ----, 2018 WL 2465187, at *11 (U.S. Jun. 4, 2018) ). Holdings from the Supreme Court and various circuits suggest that, when a Defendant is sentenced to a mandatory minimum term of imprisonment that is higher than his or her recommended Guidelines range, the sentence is not "based on" the Guidelines, but on the mandatory minimum. See, e.g., Koons , 138 S.Ct. at 1789-90, 2018 WL 2465190, at *4 ; U.S. v. Cook , 594 F.3d 883, 886 (D.C. Cir. 2010) ; U.S. v. Mills,

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Bluebook (online)
313 F. Supp. 3d 167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jones-cadc-2018.